1 Learn the concept
Businesses need to make sure they do not infringe on existing trademarks when creating a brand. A trademark protects names, logos and other marks that identify a business in the market. Using one that is too similar to another can lead to legal trouble and force a costly rebrand. This lesson explains the trademark process at a high level. It is general information, not legal advice, so consult a professional and check the rules where you operate.
2 See it in action
- A trademark identifies the source of goods or services.
- Search existing trademarks and the market before choosing a name.
- Registration is handled by a national or regional office.
- Similar names in related industries can still cause conflict.
Worked example
Spotting a conflict early
Name idea: "Northwind Coffee" for a new café.
Search: a coffee roaster in the same country already sells beans as "Northwind Coffee Co."
Risk: same industry and nearly identical name, so customers could confuse them.
Options: choose a different name, add a distinctive element, or ask a lawyer whether the names can coexist.
Takeaway: finding the conflict before launch costs an afternoon; finding it after printing signs can cost much more.
3 Study an example
Real-world case study
Apple Corps and Apple Computer: a name dispute that lasted decades
What they did. The Beatles' company Apple Corps sued Apple Computer over trademark in 1978. They settled in 1981 for $80,000, and Apple Computer agreed not to enter the music business while Apple Corps agreed not to enter the computer business.
What happened. The dispute returned. A second settlement of about $26.5 million followed in 1991 after Apple Computer added sound features. Apple Corps sued again in 2003 over the iTunes Music Store and lost in the High Court in May 2006. On February 5, 2007 the two reached a final settlement in which Apple Inc. owns the Apple trademarks and licenses some back to Apple Corps.
What to take away. Trademark agreements can limit what a business may do in a field for years. Check the name and the field you plan to operate in before building a brand, and get legal advice.
General information, not legal advice.
4 Apply it and download
- Search the market for a name you like.
- Check a trademark database.
- Complete the trademark check list.
Worksheet Trademark check listOpen, print or save as PDF